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PRANAY VERMA
RAJENDRA S/o SITARAM KUSHWAH – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
ORDER :
1. This Revision under sections 397/401 of the CRIMINAL PROCEDURE CODE has been preferred by the petitioner/accused being aggrieved by the order dated 1-5-2023 passed in Sessions Trial No. 65/2022 by the 6th Additional Sessions Judge, Dr. Ambedkar Nagar, Indore whereby charges have been framed against him for commission of alleged offences punishable under section 34(2) of M.P. Excise Act, 1915 and sections 304, 308 of the INDIAN PENAL CODE .
2. As per the prosecution, on 15-1-2021, at about 7.30 a.m. on A. B. Road, Kuwalifata a Maruti Swift Dzire Car bearing registration No. MP-09-CR-1277 was coming from towards Manpur. About 200 meters prior to the spot of incident there was a sign board to the effect that ahead is a residential area and barricades were also put up by the traffic Police to highlight the said fact. However, the driver of the vehicle drove the same at a great speed, rashly and negligently and dashed the same against one Pooja and Jagdish. As a result of the impact, they were thrown into a deep culvert and eventually succumbed to their injuries. The driver of the vehicle managed to flee after stopping the car. On death of Pooja and Jagdish merg was registere
A higher charge may be framed based on evidence, with courts retaining the authority to alter charges as needed during trial proceedings.
The trial Court may alter charges based on the evidence, determining appropriate charges during the course of proceedings.
Culpable homicide requires proof of intention or knowledge; negligence alone suffices for charges under section 304-A of IPC.
The court held that a prima facie case for culpable homicide exists if the accused demonstrates knowledge that their actions could likely cause death, regardless of the actual injury's severity.
The court clarified that charges under Section 304(ii) IPC require specific evidence of culpable homicide, which was not established, allowing for lesser charges.
The prosecution must establish beyond reasonable doubt that the accused's driving was rash or negligent to uphold a conviction under Section 304(A) IPC.
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